What Is An Automatic Stay?

In every single bankruptcy case, the courts impose a type of injunction called an automatic stay. This is one of the most important and beneficial features of filing a bankruptcy. The automatic stay keeps creditors away from the debtor until further order of the court, the discharge of the debt has been entered or, in some instances, when the statutory time limit has been reached.

If you are filing for bankruptcy and have questions about the automatic stay, turn to the office of Lewis & Monroe, PLLC in Orlando, Florida. Our bankruptcy attorneys use our years of experience to help clients understand their rights in all types of bankruptcy cases, including explaining how the automatic stay may affect their specific situations.

Benefits Of The Automatic Stay

The automatic stay is beneficial because it allows the debtor some breathing room while seeking a discharge of the debt through Chapter 7 or a reorganization of the debt through Chapter 13 bankruptcy. By engaging in the bankruptcy process, the debtor is taking action to resolve his or her debts. Creditor harassment is not allowed while the debtor is under the protection of the Bankruptcy Court. The stay stops any and all types of collection actions against the debtor, including:

  • Phone calls
  • Lawsuits
  • Liens
  • Wage garnishments
  • Repossessions
  • Letters

We understand that being able to live your life without constant threats from creditors is important to your well-being. Our attorneys work to see that the stay is obeyed and take action if it is not.

What Happens To Creditors Who Violate The Stay

The Fair Debt Collection Practices Act (FDCPA) sets out a number of guidelines that creditors and collection agencies must follow when attempting to collect on the debt that is owed to them. One of the guidelines is that all automatic stays must be obeyed. If a collector is in violation of an automatic stay or any other aspect of the FDCPA, our firm may be able to help you take action against them. Creditors may be sanctioned by the court if the automatic stay is violated.

Contact Our Orlando Bankruptcy Attorneys Today

You do not have to deal with debt collection harassment or other related debt issues alone. Get in touch with one of our lawyers today by calling 407-917-4147 or by contacting us online. We can discuss your eligibility, the automatic stay and what bankruptcy may mean for you.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

We are a debt relief agency. We counsel clients according to federal bankruptcy code.